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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Should I get an Florida Attorney to ask the Attorney that

Customer Question

Should I get an Florida Attorney to ask the Attorney that won't sign off "why he won't sign off" I really do not want to go to court. I do not know how to file an interpleader action claim. I have never been to court except Jury Duty.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for rating my previous answer. I appreciate that.
Can you provide a bit of context? What is going on?
Customer: replied 1 year ago.
My husband and I tried to purchase a house that was in Estate of Bell and the attorney was in charge. The Mortgage company did a chapter S instead of straight accounting and preapproved my husband and I for the mortgage but the bank did not approve of the mortgage company's accounting. The bank did extensive research on our financial credit and came up with that we owed the IRS 7,000 on taxes for 2013. We told the mortgage company we did not have that kind of money because we were doing a VA loan so the real estate agent tried to give us the money but the bank so "NO" and I could not get any bank to help us. By this time the contract ran out on the buying of the house and the attorney would not extend it so the bank denied the the mortgage loan and the papers went to the Title company and they sent the papers to the attorney and he said "no" he would not sign but want us the file to get the escrow money back with a interplead action. The title company said that I could just let them hold the money for 12 months and the money would go to the State. The attorney would not get the money for the Estate and my husband and I would not get our escrow money back. Would it be cheaper just to let the escrow money. I do not want to pay large sums of money to lawyers to get $1,000 escrow money back. Which way should I go?
Expert:  P. Simmons replied 1 year ago.
Thank you
That is helpful.
A few more questions please
If I understand correctly the purchase contract was canceled and you are simply looking for a return of your initial deposit - is that accurate?
If so, can you tell me how much money we are talking about?
Customer: replied 1 year ago.
Yes, to the first question. The initial or escrow with the Title Company was $1,000 , if not a lot of money for some people, but for my husband and I it was.
Expert:  P. Simmons replied 1 year ago.
Thank you. I agree that is a lot of money. One thousand dollars is a lot of money to most folks.
I want to make sure I understand...is the seller (the estate attorney) refusing to tell escrow return the money?
Customer: replied 1 year ago.
Yes, the attorney is the representing attorney for the seller, the attorney refuses to sign off so the Title company cannot gives us the escrow money back. I do not know how to file a court appearance and I think that would be very costly.
Expert:  P. Simmons replied 1 year ago.
Thank you
Technically the attorney is right...in order to force this, an interpleader would be appropriate.
That said, I suspect it will cost over $1000 to hire a lawyer to resolve this. That would make no sense...that is, it would make no sense to hire a lawyer if you have to pay more to resolve this than you can expect to receive as a result of the suit.
That said, there may be a way to address this.
I would consider small claims.
Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).
The process is simple enough. You head to the county court (the county where the property is located) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.
In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.
Again, technically the way to address this is with an interpleader action. But because of the informal nature of small claims it may well be the court rules in your favor.
So I would go the small claims route to try and resolve this yourself.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
No more questions. thank you you did a great job.
Customer: replied 1 year ago.
I want to rate you at "excellent" but the stars are all grayed out. what do I do now.
Expert:  P. Simmons replied 1 year ago.
Welcome. Also, because this was a follow on question to your original question that you've already paid for you should not be charged for this; you may want to contact customer service to obtain a refund of the deposit on this question.

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